On March 28th, the Supreme Court granted certiorari in Warhol Foundation
v. Goldsmith, exploring issues in fair use and transformative use in
copyright law. Fair Use, a vital and stable codified right, is
integral in copyright law’s mission—promoting the progress of science
and art in teaching, scholarship, and research. The case questions how
we apply the transformative use standard, a facet of fair use, and
potentially threatens the current standards of transformativeness
required to comply with copyright law.
Library Futures
co-authored an amicus brief joined by The Software Preservation Network,
EveryLibrary Institute, American Library Association, Association of
College and Research Libraries, and Association of Research Libraries.
This brief reminds the court of the importance of consistent, stable
interpretations of fair use; it underscores that this holds especially
true for libraries and archives in order to fulfill their roles in
research, preservation, scholarship, and instruction. But this decision
stands to impact more than just the information science community…
Join
Library Futures Fellows (Juliya Ziskina and Emily Finch) in the first
of a two part series on transformative and fair use. This session will
be moderated by University of Michigan’s Copyright Specialist, Raven
Lanier, with Harvard Law’s Frank Stanton Professor of the First
Amendment and founder of the Organization for Transformative Use,
Rebecca Tushnet, and University of Tulsa Professor of Law, Betsy
Rosenblatt, on transformative use in fan fiction. Learn more about the
role fair use, and especially transformative use, plays in fandoms for
content users and creators and where the Warhol v. Goldsmith case stands
to affect fan fiction creators.